IPR issues in the patent era -

17
What does a Ph.D. teach you? A lot of skills apart from science
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Transcript of IPR issues in the patent era -

Page 1: IPR issues in the patent era  -

What does a Ph.D. teach you?

A lot of skills apart from science

Page 2: IPR issues in the patent era  -

Skills learnt

Search for information

Identify a problem

Propose a solution

Organize thoughts

Make a presentation

Manage people

Manage resources

Manage time

Page 3: IPR issues in the patent era  -

Company

Patent office FDA/DCGI

Consultancies Consumers/end users

Patent agent/attorney Regulatory affairs dept

Business consultant Scientific/medical writing

Where else can science be used?

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Opportunities in Patent Law

An introductory talk for research students

CPMB

Harish Chandran Avaronnan, Ph.D.

Novozymes

Page 5: IPR issues in the patent era  -

What is a Patent?

A patent is a type of intellectual property

A product of the mind which has been reduced to practice

Patents can be obtained for product, process, machine, apparatus etc including improvements over existing inventions

Provided they are novel, non-obvious and useful

What are the implications of owning a patent?

Page 6: IPR issues in the patent era  -

A grant made by a government; that confers upon the creator of an invention, the right to exclude any other person from making, using, or selling the invention covered by the patent; for a set period of time, in exchange for a disclosure of an invention.

Patents are territorial. A patent obtained in one country cannot be enforced in another country.

A patent does not give the patentee a right to practice the invention.It only gives the right to prevent others from practicing the invention. One needs to make sure that one does not infringe other existing patents.

Patents have an expiry date

Patents can be challenged or opposed

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Players in the patenting arena

Innovators

Patent Office

Government

Competitors

Courts

PAt/ PAy/ Self

PAt/PAyPAy

PAy

PAy

PAt: Patent Agent PAy: Patent Attorney

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Patent agent

Has a technical degree

Passed the patent agent exam of the patent office

Can practice only before the patent office and not before a court

Cannot give validity or legal opinions

Patent Attorney

Has a technical and a law degree

Passed the patent agent exam of the patent office

Can practice both before the patent office and before a court

Can give validity and legal opinions

Territorial

Territorial

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Examiner of Patents

Examines patent applications

Searches for prior art

Issues examination report and subsequent office actions

Reports to the Assistant Controller of Patents (in India)

Qualification: Post Graduate in science or a technical degree

On the job training. Need not be a patent agent.

Patent office

Territorial

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Administrator/Officer/Executive/Manager/Vice president

Opportunity search/analysis

Patentability search/analysis

Drafting of patent applications

Prosecution of patent applications before the patent office

Follow up patent filings/life-cycle management

Validity search/analysis

Assisting attorneys with their analysis

Docketing and Formalities responsibility

Qualifications: Any degree and loads of experience!!!

Innovator

Global

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Officer/Executive/Manager/Vice president

Infringement search/analysis

Coordinating with attorneys in opposing patent applications before the patent office

Helping attorneys in their analysis

Validity search/analysis

Assisting attorneys/business group during licensing

Qualification: any degree with loads of experience!!!

Competitor

Global

Page 12: IPR issues in the patent era  -

Paralegal/Technical specialist/Patent agent/Patent attorney

Patent docketing

Patent drafting

Patent prosecution

Patent litigation

Patent licensing

Legal opinions

Qualification: Any technical and/or law degree

Law Firm

Territorial

Page 13: IPR issues in the patent era  -

Knowledge/Legal Process Outsourcing

Patent searcher/Patent analyst/Team leader/Boss!!!

Patent docketing

Patentability search/analysis

Validity search/analysis

Infringement search/analysis

Patent drafting

Assisting attorneys in their opinions

Qualifications: Any technical degree

Global

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How does one get in?

Be technically competent

Join the Patent Office

Join industry as a researcher

Demonstrate an interest in patent law

Join the IP team Join a law firm

Work and network hard

Career in Patent law

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Do you have it in you?

Interest in all developments happening in science/biology

A lot of reading and analysis of literature

No bench work!!!

Explain scientific concepts to lay people

Interest in the legal aspects of science and language

“Business in Science” and “Science in Business”

Page 16: IPR issues in the patent era  -

Where to find more information?

Search “science career forum”http://scforum.aaas.org/

Search “intellectual property law forum”http://www.intelproplaw.com/

Search “chronicle of higher education”http://chronicle.com/

Page 17: IPR issues in the patent era  -

Katrathu Kaimann Alavu

Kallaathathu Ulagalavu

Thank you